§§ added.

Compulsory

And the said 84th section is amended by adding thereto the following sub-sections:

"3. The School Commissioners or Trustees must withexamination in the last ten days of the delay of thirty days, even ments to roll, though no complaint has been made, examine and amend

of and am nd

Contents of

posit.

the assessment roll by rectifying errors made in transcribing the valuations, or in the names of persons and descriptions of lands entered therein, or by inserting names of persons and descriptions of lands which may have been omitted, or by striking therefrom persons and lands which may have been erroneously inserted, or by correcting errors made in calculating the school rates payable by each rate-payer."

4. The School Commissioners or Trustees must in the notice of de- notice of the deposit of the assessment roll inform the rate-payers of the day and hour and place of the meeting, at which they will proceed to such examination and amendment."

Demands of amendment.

Entry of

Declaration.

"5. Any rate-payer may demand that the assessmentroll be amended in any of the particulars above mentioned, either by producing a complaint in writing before or upon the day fixed for the examination, or by stating his complaint verbally at the examination; and the School Commissioners or Trustees must take into consideration all complaints lodged in writing or made verbally, and hear all interested parties who may be present."

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6. Any amendment, made to the assessment-roll must amendment. be entered upon it or on a paper annexed thereto with the initials of the secretary-treasurer; and a declaration testifying to the accuracy of the amendments and determining the number thereof, must be entered upon the assessment-roll or annexed thereto, under the signatures of the chairman and the secretary-treasurer."

Collection of

"7. After the expiration of twenty days from the said assessment. delay of thirty days, the collection of the school-rates may be enforced by the School Commissioners or Trustees either by suit or prosecution, or by a warrant of distress, or by adjudication and sale by the municipality, of the property liable for such school-rates."

Special notice and

stat-ment to

payers required.

"8. To collect the school-rates by warrant of distress, and before proceeding to the adjudication and sale of the resident rate- lands liable therefor of resident rate-payers, the secretarytreasurer shall make a demand of payment of the schoolrates entered in the assessment-roll and remaining uncollected from the persons liable for the same, by serving or causing to be served upon them a special notice to that effect, accompanied by a detailed statement of the sums due by them."

Service of notice.

9. Such service is effected as respects resident ratepayers by leaving a copy of the special notice with the individual to whom it is addressed, in person, or with a

reasonable person at his domicile, or place of business; and as respects non resident rate-payers by lodging in the Non resident post-office, in or nearest to the school-municipality, a copy rate-payers. thereof in a sealed and registered envelope, addressed to

the individual for whom it is intended at the place of his⚫

residence or business."

66

10. If after the fifteen days next following the de- Seizure of mand made by such special notice, the sums due and effects. specified therein have not been paid, with the costs incurred thereby, the secretary-treasurer may levy them by seizure and sale of the goods and chattels of the persons liable therefor which may be found within the limits of the school-municipality. The fee for such special notice and that for its service shall be fixed by resolution of the School Commissioners or Trustees."

Fees.

"11. Such seizure and sale are made under a warrant signing and signed by the chairman of the School Commissioners or service of Trustees and addressed to a bailiff, who executes it under writ of attachment. his oath of office and according to the same rules and under the same responsibilities and penalties as a writ of execution de bonis issued by the circuit court."

12. The chairman of the School Commissioners or 'Responsibili Trustees in giving and signing such warrant does not ty of thairincur any personal responsibility; he acts under the res- man. ponsibility of the school corporation, in whose interest the distress is made."

"13. The day and place of sale of the goods and chat- dver isetels so seized must be announced by the bailiff by public ments required. notice in the manner prescribed for judicial sales of movables; and such notice must also state the names and quality of the rate-payers whose goods and chattels are to be sold."

closed.

"14. If the rate-payer is absent, or if there is no person Case where to open the doors of the house, cupboards, chests or other doors are closed places, or in the event of refusal to open the same, the bailiff may, by an order of the chairman of the School Commissioners or Trustees, or of any Justice of the peace, cause the same to be opened by the usual means in presence of two witnesses, with all necessary force."

attachment.

"15. Any rate-payer who has been required to pay as Opposition to school rates a larger sum than he owes or who has already paid, and any person having a. right of ownership or a privilege on the property seized, may, as the case may be, oppose seizure and sale."

"16. Such opposition must be supported by an affida- Affidavit, vit attesting the truth of the allegations it contains, and permission and previous be allowed by the Judge, or the clerk of the circuit court deposit, reof the county or district, or the clerk of the Magistrates' quired. court, in the district in which the school-municipality is situated, who shall endorse thereon or annex to it an order to the bailiff to return within eight days from ser

Stay of proceedings; return.

Opposition to payment of proceeds.

Hearing.

Judgment

and execution.

If no opposition.

Surplus.

Statement of assessments

due, to be. prepared in

November.

.

vice, the warrant of distress and all his proceedings. before the circuit court of the county or district or before the magistrates' court at its next term. But such permission shall not be granted unless a deposit of five dollars be made in the office of the secretary-treasurer of the schoolmunicipality or of a sum equal to that claimed in and by the warrant of distress, if such sum does not exceed five dollars. Such sum shall be returned to the person who paid the same if the opposition is declared valid; if not, it shall go towards the payment of the costs incurred."

"17. On the service of such opposition and order on him, the bailiff must stay his proceeding and he must return the warrant of distress and all his proceedings thereon before the court mentioned in the order, within the eight days next following the service. If the opposi tion is to the payment of the proceeds of any sale, he must pay over the money in his hands, after deduction of the costs of seizure and sale, to the secretary-treasurer who receives the same on deposit."

"18. The opposition is subsequently heard and decided according to the ordinary rules of procedure of the court. The proceeds of any sale are distributed by the court and they are then applied or paid by the secretary-treasurer according to its order. When the opposition to any seizure is dismissed, the court orders the same or any other bailiff to proceed upon the warrant of distress, and upon the delivery to him of this warrant and judgment, the bailiff proceeds with the sale of the goods and chattels seized."

“19. When no opposition to the distribution of the proceeds of the sale of the moveables seized is made, the bailiff returns the warrant, and his proceedings thereon, and pays over the proceeds of the sale, after deduction of the . costs of seizure and sale, to the secretary-treasurer, who applies such proceeds towards the payment of the school-. rates for which the warrant of distress was issued and of the costs. If there be any surplus, it is paid by the secretary-treasurer to the rate-payer whose goods and chattels were sold."

"20. If ordered by the School Commissioners or Trustees, the secretary-treasurer must prepare in the course of the month of November in every year, a statement of the school-rates remaining due by absent rate-payers and by resident rate-payers, and at the same time a statement of the school-rates due by resident and absent rate-payers with respect to whom either a warrant of distress or a writ of execution has been returned unsatisfied, and of any costs incurred and unpaid; showing the names and qualities of such rate-payers, and a description of the lands liable according to the rolls of valuation and assessment."

"21 Such statement shall be submitted to the School- Approbation of such state Commissioners or Trustees and must be approved of by ment. Its them. It shall then be transmitted by the secretary-trea- transmission surer before the twentieth day of December, to the secre- to the seetas, of the tary-treasurer of the County Council; and the latter shall ounty counproceed to the sale and adjudication of the lands mention- cil. ed therein in the same manner and with the same effect as in the case of a statement of municipal tax arrears transmitted by the secretary-treasurer of the local muni- Sale of th cipal council He shall pay over the amounts recovered lands. to the secretary-treasurer of the School Commissioners or Trustees

against

School

14. Whenever a copy of judgment condemning a school Judgment corporation to pay a sum of money, has been served at Cor the office of the secretary-treasurer of that school corpora- pora'ion. tion, he must forthwith convene a meeting of the School Commissioners or Trustees; and the School Commissioners or Trustees must order the payment of judgment out of any appropriated funds at their disposal. If there are no funds unappropriated for that object, or if those at their disposal are insufficient, they must apply to the Superintendent of Public Instruction for authorization to levy a Meeting ath special assessment to pay the same and this in conformi. Commis ty with the 86th Section of Chapter 15 of the Consolidated sioners ar Statutes for Lower Canada.

Trust es; their duties,

2. If the Superintendent authorizes the levying of such special roof special assessment, steps shall be taken without delay, by assessments the School Commissioners or Trustees to complete a special assessment roll, in the manner and with the formalities required for completing an ordinary roll for assessments and collection of rates. If the Superintendent does notfurnish the authority within fifteen days from the time when it shall have been demanded from him; or if the amount of the special assessment which he has authorized to belevied has not been collected; or if the School Commis-sioners or Trustees have not proceeded to complete this roll within the fifteen days following the date of the authorization by the Superintendent; or if the School when writ o Commissioners or Trustees refuse or neglect in any man- Execution. ner to proceed with the completion of the roll, to impose the rate, or to collect it, in whole or in part; then in any one of these cases the judgment creditor, on production of the return of service of a copy of the judgment, and of one or more affidavits to the satisfaction of the tribunal or judge establishing proof of the non-performance of one or other of the provisions indicated in the present subsection, may obtain the issue of a Writ of Execution against the school corporation in default.

may be

issued...

3. The court which has rendered the judgment, or a Delay may be grat d judge of this court, may, on petition, grant to the Super- Cours

Address and contents of writ of execution against goods of school corporation,

Case of alias writ, to collect

intendent, or to the School Commissioners or Trustees, the delay deemed necessary by the court or judge for completing the special assessment roll, or for levying the sums of money specified therein, or for any other object connected with this special assessment and collection roll.

4. Such writ of execution is addressed and delivered to the sheriff of the district in which the school municipality in question is situated, and enjoins him :

a. To levy from the school corporation, with all possible despatch, the amount of the debt with interest and the costs as well of the judgment as of the execution;

b. In default of immediate payment by the corporation, to seize and sell any movable property, if any there be held by it, and any real estate belonging to it upon which the judgment creditor may have a privilege or an hypothec, and of which the seizure and sale may be ordered by this judgment.

5. In the event of there being no real or personal property belonging to the said school corporation to be seizamount from ed and sold or in the event of any such property being rate-payers. insufficient to satisfy the judgment; on the production of the return of the sheriff to the court to that end, or after the homologation of the judgment of distribution establishing its insufficiency, an alias writ of execution may be issued against the said school corporation in default addressed to the sheriff and enjoining him to levy from the school corporation, the amount, or the balance, as the case may be, of the debt, and with interest and costs, including those of the judgment, the subsequent costs incurred, by apportioning the sum required on all the rateable real property, in the school municipality, liable for the judgment, in proportion to its value; to exact and collect the assessment laid by him; and to make a return to the court of the amount levied and of his proceedings as soon as the amount of the debt, interest and costs has been collected, or from time to time as the court may order.

Duties of Sheriff.

Fees and costs.

6. The sheriff shall procure a copy of the valuation roll in force from the secretary-treasurer of the local municipality in which the School Municipality is situa ted, on payment of the usual fees; and on refusal or neglect of the secretary-treasurer to furnish such copy, the sheriff is authorized to take possession of the valuation roll and to make a copy or to cause one to be made. If he cannot obtain the valuation roll, or if none exists, the sheriff proceeds to make a valuation of the assessable property himself.

7. The fees and costs of the sheriff on the execution of the said writ of execution are fixed by an order of the court or of a judge thereof; and such fees and costs, with